Strong Delivery to the Renter
In the lease, there is usually no reference to the manner in which the possession of the apartment is handed over from the landlord to the tenant. In the vernacular it is about the ‘handing over of the keys’ of the apartment. Therefore, the law stipulates that “the tenant must receive the rental for his possession at the time and place as stated in section 5.”
Therefore, we must refer to section 5 of the Rent Law, which stipulates how to transfer possession of an apartment: “The landlord must hand over the rental apartment to the tenant by making the apartment available to him.”
And see the acceptance of this section in section 10 of the Sale Act relating to the place of delivery.
The landlord owes an active duty to ensure that the apartment is ready for the tenant.
There is no doubt that the landlord should ensure that there is free and secure access to the apartment and that the keys to the apartment will be waiting for the tenant in the apartment itself.
The tenant does not have to run around to collect the keys from the landlord’s house.
This matter differs from the permanent arrangement in the Contracts Law, which stipulates that “a charge that has not been agreed upon at the place of its existence, must be held in a place of the creditor’s place of business, and if he has no place of business in his place of permanent residence.”
This arrangement is also different from Hebrew law, which stipulates that the place of delivery of possession should be in place of the drafting of the lease.
The apartment should be in its physical condition as agreed by the parties to the contract. And since there is usually no reference to this important detail in the lease, then it can be argued that the apartment must be habitable at that time;
That all apartment systems must be in good working order, water, electricity, gas, air conditioning, sewage, etc. Because the apartment should be free of objects furniture and scrap that is not supposed to be in the apartment and that interfere with the use of the apartment.
Section 25G of the Rent Law states: “The delivery of the rented apartment to the tenant shall be when it is available and free from any person or property, except for property that has been agreed to be in the apartment at the time of delivery.”
By the way, this matter also applies to the apartment storeroom, assuming that the storeroom is part of the lease.
I will now touch on a petty question that annoys many tenants, does the landlord or his representative have to be physically present and welcome the tenant even to give an exhaustive explanation of how to operate all the apartment systems? Section 25G (c) provides: “The landlord shall give the tenant, no later than the date of delivery of the rented apartment, maintenance and use instructions in connection with the apartment, and the properties therein, as far as they are required. “)
All so that the tenant can use the apartment independently.
And, should the landlord clean the apartment and wash it before the tenant arrives? As long as the apartment is not reasonable for living and reasonable enjoyment, the landlord begins his relationship with the tenant on the left foot.
He may be considered in breach of the lease. More importantly, he sends a message to the tenant that he, the landlord, does not care about the apartment, and the tenant is welcome to continue to neglect the apartment.
A tenant who accepts the apartment in a manner that does not comply with the lease or the law can claim in extreme cases that he refuses to accept the possession of the apartment.
Thus, the tenant will see the landlord’s behavior as a breach of contract and will buy the tenant the remedies in accordance with the Contracts Law, including the ability to postpone the beginning of the rental period until the apartment is delivered to him in accordance with the contract or rent law.